Is It Stealing If You Didn’t Think It Was?

December 4, 2014

Could you go to jail for bringing home someone’s old table or bike that is left by the side of the road? Could you be stealing, or committing “larceny,” without knowing it?

A recent Massachusetts S.J.C. decision, Commonwealth v. Liebenow, held that to prove larceny, the Commonwealth must show that a defendant (1) took and carried away (2) someone else’s property, (3) with a specific, subjective intent tosteal the property. See Commonwealth v. Liebenow, S.J.C., No. 11593, slip. op (November 25, 2014); see also G. L. c. 266, § 30(1). This means that for an action to be larceny, the defendant must know that the property was owned by someone else at the time he took it. A mistaken— but honest—belief that the defendant had a legal right to the property negates the intent requirement for larceny. Even an unreasonable mistake of fact can entitle the defendant to an acquittal. The defendant only needs to show his subjective belief regarding the property.

In Liebenow, the defendant was a scrap metal collector and dealer. He was accused of larceny after he removed remnants of metal pipe and steel sheets from the outskirts of a construction site that had “no trespassing” signs posted. The defendant claimed that he took the metal only because he believed that it was abandoned, as the materials were separate from the actual construction, in an area where people had previously dumped trash and junk.

The judge at trial convicted the defendant of larceny, stating that the defendant’s “honest belief” that the metal was abandoned was “not relevant” as a defense. Id.

On appeal, the S.J.C. disagreed and reversed the conviction.

The S.J.C. stated that while the reasonableness of a defendant’s belief can be a consideration for the jury in deciding whether a defendant honestly held a certain belief, reasonableness is not required. The intent element of larceny is specific intent to take someone else’s property. An honest belief that you have a legal claim to something is a defense to larceny—even if you are mistaken.

What about that table or bike sitting by the side of the road? Abandoned property is property “to which the owner has relinquished all right, title, claim, and possession, but without vesting it in any other person.” Id. at 18.If you have an honest belief that your gently used table or bike was abandoned, you may have a good defense against charges of larceny.

Like larceny, other criminal charges have very precise requirements, or elements, which the Commonwealth must prove. The attorneys at Hutchins Law, P.C. can help you or your loved ones identify weaknesses in charges being brought against you, and use them to strengthen your defense. The facts of each situation are unique. If you have questions, call today.

What our clients are saying...

I cannot thank Attorney Hutchins enough for helping me with my case. He was aggressive and acted swiftly regarding on my behalf, yet, expressed the compassion and patience I needed. He also provided me with valuable guidance and kept me focused on my case. I have dealt with two other lawyers since my divorce and Aaron is, by far, just what I need to address my matters. My case was resolved quickly, but I know that it will not be the last and will obtain Attorney Hutchins's services again. I am at the point where mediation is no longer applicableElizabeth - Shrewsbury, MA

Attorney Hutchins did a great job preparing needed estate planning documents for my brother. This was very important in enabling me to handle my brother's health and financial circumstances.Richard - Franklin, MA

We owe a debt of gratitude to Attorney Hutchins for his services and guidance during our adoption petition. He steered us swiftly and assuredly through the process - we always felt in good hands. We are now officially a family, and a very happy one! Thanks again.Frederico - Southborough, MA

We came to Hutchins Law to have our (long overdue) will completed. The process was much easier than we expected. Attorney Hutchins was friendly, knowledgeable and attentive to our desires. We were very pleased with the final result. It was an impressive, professional and user-friendly document. We will definitely use Hutchins Law for any future legal matters we might have.Roger & Jenny - Lunenburg, MA

Within days of calling Attorney Hutchins my documents were prepared and I had all the information I needed to complete my Quit Claim Deed. Aaron was professional and efficient. I'm so grateful for his assistance and expertise.Mellissa - Worcester, MA

On three separate occasions, I was represented by Aaron Hutchins. In every case, Attorney Hutchins was attentive, diligent, informative, and direct. He won every case. He is an attorney I highly recommend to both family and friends.Michelle - Northborough, MA

I truly do appreciate your willingness not only to help, but also to make that assistance more financially manageable for us. I may need to call you soon on other matters. Thank you very much for your time and support. I truly am grateful.
Christopher - Medway, MA

Attorney Hutchins made the process behind creating an estate plan much easier than we thought it would be. It was clear, professional, and easily executed. We feel much safer knowing that our interests are protected, especially as we welcome our first child into the family.Amber - Marlborough, MA

I've found Attorney Hutchins to be very professional and personally involved, yet personable. He answered all my questions and made sure I understood the answers. This is in distinct contrast with another legal firm I used in the past. My family and I have used his services three times in the past few years (legal defense, estate planning, and real estate) and won't hesitate to do so again if the need arises, which speaks for itself.Jonathan - Ashland, MA

Thank you for your services. I will recommend you to my friends.Tom - Shrewsbury, MA

Attorney Hutchins was thoughtful, sensitive and knowledgeable in our initial conversation. He acted with decisiveness and great efficiency. He addressed my legal needs at the least cost to me. He was excellent! I highly recommend Attorney Hutchins.Jane - Paxton, MA

I was very happy with the whole process of working with you. You were efficient and very prompt with email replies which is greatly appreciated when I’m working full days and unable to stop for a phone call or an in-person meeting. With minimal effort on my part, you had everything done in a timely fashion and were accommodating for when we needed to meet in person. Again, with a busy schedule, this is so appreciated and I have already happily referred you to another colleague!Trisha - North Grafton, MA

I've found Attorney Hutchins to be very professional, involved and personable. He answered all my questions and made sure I understood the answers. This is in distinct contrast with another legal firm I used in the past. My family and I have used his services three times in the past few years (legal defense, estate planning, and real estate) and won't hesitate to do so again if the need arises, which speaks for itself.Jonathan - Ashland, MA

Hutchins Law, P.C. was an invaluable asset as I worked through the court system during my divorce proceedings. I knew I was in good hands and confident in their abilities; so much so that the team also worked with me through my estate planning. Attorney Hutchins is an irreplaceable, highly recommended talent.Jennifer - Shrewsbury, MA

Thank you for helping us create a will which will be a part of our estate plan. The additional consultation on trusts and special needs trusts provided us with good information for further planning. We are confident that we can call upon you again for more legal advice and be in the best of hands.
Sandy - Northborough, MA

Over Memorial Day weekend, our son hit a tree while driving his vehicle. The incident resulted in 2 criminal and 2 civil citations. We had never dealt with anything like this. With only one day to find and prepare for our son's initial court hearing, I began a search for legal representation. I emailed 4 attorneys and hoped, given the holiday weekend, that someone would see our plea for help and respond. That same day we not only received a response from Attorney Hutchins, but he also agreed to meet us that evening. We left the meeting well informed and felt prepared for theAnonymous

I recently hired Attorney Hutchins to assist with a documentation error on my graduate diploma. He was extremely helpful, professional and very timely in his response. I would highly recommend him.Karyn - Grafton, MA

Attorney Hutchins did an excellent job for me during my divorce. He lead me through the entire process and provided good advice. When it came to the agreement discussions and the court hearing, he represented me well and got me a fair settlement.Andy - South Grafton

We hired Attorney Hutchins to help with a traffic charges. He was thorough, had good relations with the police department, provided sound advice, gave us our options, and made sure we were diligent in doing things we needed to do. A good argument was presented to the magistrate and charges were dropped. Results were positive and representation was solid.Bruce - Northborough, MA

I live in NH and I needed a Lawyer in MA. He made himself available for me right away. Attorney Hutchins had me come in that day to go over my case and made me feel very comfortable. I would highly recommend him to my friends and family. Thank you very much for what you have done for me and my granddaughter.
Cathy - Milford, NH

20000

Attorney Hutchins was professional and met with me very quickly. He assisted in seeking out alternative solutions to my upcoming case. He had honest concern about not only my case but with myself.Ry - Boston, MA

I've found Attorney Hutchins to be very professional, involved and personable. He answered all my questions and made sure I understood the answers. This is in distinct contrast with another legal firm I used in the past. My family and I have used his services three times in the past few years (legal defense, estate planning, and real estate) and won't hesitate to do so again if the need arises, which speaks for itself.Jonathan - Ashland, MA

The strengths that Attorney Hutchins showed - being aggressive, honest and looking out for my best interests are why I hired him to be my counsel and advocate. I could not and would not have gone through with my divorce without his guidance and strength. He was fantastic.Shelley - Leominster, MA

Attorney Hutchins was swift, efficient and effective. He understood my goals and was not wishy-washy in helping me make decisions. We will use him again.Kate - Northborough, MA

… We have been most impressed by your quiet, thoughtful, honest, and clearly explained descriptions of how to best structure our wills. In particular, we had no idea how important it was to set up trusts to protect our estate for our kids' benefit.
… We are very comfortable now that should something happen to either of us, our estate will be secure and will continue to support our four kids as they begin their lives. Both of us would be happy to speak with prospective clients about our experience with you.David and Nancy - Northborough, MA

Thank you very much for taking over my very complicated case when everyone else refused to take me on as a client. For the last three years, I was losing every decision by the court. Thanks to your careful preparation, I was victorious at trial. Thanks to you, my children and I now have greater stability in our lives. You always had time for me and you have always carefully explored all options.
Marketa - Westborough, MA

Attorney Hutchins did a great job preparing needed estate planning documents for my brother. This was very important in enabling me to handle my brother's health and financial circumstances.Richard - Franklin, MA

I just wanted to say thank you very much for such a great job you did on our wills. We were both very impressed with your work. I would highly recommend you to any of my friends.Katherine - Worcester, MA

I cannot thank Attorney Hutchins enough for helping me with my case. He was aggressive and acted swiftly regarding on my behalf, yet, expressed the compassion and patience I needed. He also provided me with valuable guidance and kept me focused on my case. I have dealt with two other lawyers since my divorce and Aaron is, by far, just what I need to address my matters. My case was resolved quickly, but I know that it will not be the last and will obtain Attorney Hutchins's services again. I am at the point where mediation is no longer applicableElizabeth - Shrewsbury, MA

I just want to thank you for all you did. Without your help I would not have got any money. I like how you were professional with getting this settlement resolved in a timely manner. I appreciate the
way you kept me informed on what was happening with the case. I would recommend your service to
any one looking for a lawyer.Eric - Berlin, MA

Attorney Hutchins was contacted late in the game but caught up very quickly. His Court performance was exemplary and showed a remarkable understanding of the Law and our particular situation.Adrian - Grafton, MA

We hired attorney Hutchins to settle a work-related dispute. There was confusion, high emotions, and overall just a very difficult time for my wife and I. Attorney Hutchins met with us and explained how the process would work...He set clear and real expectations and did so with such compassion and kindness. After we met with him we felt much better.
We had our court appearance today and all worked out as our attorney said it would. Happy to put this behind us and grateful to Attorney Hutchins for helping us do so.Enrik - Worcester, MA

I'm very pleased with the service that Attorney Hutchins provided. He was friendly and courteous and most importantly very knowledgeable. He was very flexible with my schedule. He made it easy to file paperwork with the courts and always had my best interests in mind. I wouldn't hesitate to use his services in the future and will recommend him to my family and friends.
Toby - Clinton, MA

Thank you for your recent assistance with our estate plan. You made this process very professional and efficient. We appreciate the excellent advice and guidance. It is comforting to know that we have you to turn to in the future for legal support if and when we need it.
Richard - Lexington, MA

Thank you so much. You’ve been a huge help.
Dustin - West Brookfield, MA

Thank you for the wonderful communication, patience and outstanding work on our behalf. Thank you for making us feel confident by giving all of the process a unique human touch that is usually absent with law stuff. Not sure how we would have done things without your professional support.
Silvano - Shrewsbury, MA

I wanted to thank you for the kindness and compassion you had shown about my recent legal matter. For most this was a very small issue but for me it looked and sounded daunting . You were very patient and understanding . I believe your professionalism and experience got us the positive result we hoped for. Thanks once again for everything, you are a great attorney.Ann - South Grafton, MA

I would highly recommend Attorney Aaron Hutchins. He is an excellent attorney. He promptly and effectively handled a custody hearing in our family. His professional manner and ability were outstanding; and his fees were quite reasonable.Carol - San Diego, CA

I appreciated your honesty and the invaluable help you gave me. Thank you, from the bottom of my heart, for your sound advice.Stacey - Leominster, mA

I'm glad I chose you to work on my case. You made it easy and I was happily surprised by the outcome. I have already referred you to some of my friends. Thanks again.Igor - Worcester, MA

Hutchins Law, P.C. is a general practice firm with an emphasis in Litigation & Mediation that has proudly been serving the Northborough, Worcester County region and Massachusetts since 2008. To better server our customers, in 2016 we opened a second location in Hudson, MA.